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CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON STRENGTHENING THE MANAGEMENT OF THE HOISTING AND USE OF NATIONAL FLAG BY ENTERPRISES WITH FOREIGN INVESTMENT

Category  NATIONAL FLAG, NATIONAL EMBLEM, CAPITAL, NATIONAL ANTHEM AND NATIONAL DAY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1998-10-18 Effective Date  1998-10-18  

Circular of the General Office of the State Council on Strengthening the Management of the Hoisting and Use of National Flag by Enterprises with Foreign Investment





(October 18, 1998)

    Since promulgation and coming into force of the National Flag Law of the
People's Republic of China(hereinafter referred to as the National Flag Law
for abbreviation), most of enterprises, institutions and organizations can
hoist and use the National Flag in accordance with the National Flag Law and
"The Rules of the Ministry of Foreign Affairs of the People's Republic of
China on Foreign-related Hoisting and Use of the National Flag"
(hereinafter referred to as the Rules for short). However, there are some
enterprises and institutions, especially enterprises with foreign investment
in hoisting and using the National Flag violate the relevant rules. The
phenomenon that some Chinese-foreign joint ventures only hoist the National
Flag of the country to which the foreign party belongs at the front entrance,
and some of them fail to put the National flag of China at the center or the
first place in simultaneous hoisting the national flag of China and the
national flag of the foreign country has brought about an adverse effect among
the masses.

  The National Flag is the symbol and mark of the country, and it represents
the sovereign rights and dignity of the country. In order to safeguard the
sovereign rights and dignity of our country, and to strengthen the management
of the hoisting and use of the National Flag by enterprises with foreign
investment, the relevant particulars are hereby notified as follows pursuant
to the National Flag Law and the relevant stipulations:

    1.The National Flag of China and the National Flag of the country to
which the foreign party concerned belongs can be hoisted simultaneously at the
foundation-laying, the starting business, the inauguration ceremony and
celebrations of the projects of economic assistance by foreign governments,
large-scale Chinese-foreign joint ventures and Chinese-foreign enterprises
with cooperative business operations and foreign-capital enterprises
(hereinafter referred to as enterprises with foreign investment for
abbreviation) are held.

    2.When an enterprise with foreign investment hoists the respective
foreign national flag in normal time outdoors or at a public place, it can
only hoist the national flag of the country that has established foreign
relation with China and it must hoist the national flag of China
simultaneously. If it is necessary to raise the National Flag of the country
which has no diplomatic relations with China, instructions should be sought  
from the Ministry of Foreign Affairs by the foreign affair offices of the
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government.

    3.When an enterprise with foreign investment hoists simultaneously the
national flag of China and national flag of the country to shich the foreign
party belongs, it must put the national flag of China at the first place or
the center. When an enterprise with foreign investment raises the national
flag of China and its enterprise flag, it must put the national flag of China
at the center,at a higher or prominent position.

    4.The foreign affairs offices of the people's governments of provinces,
autonomous regions and municipalities directly under the Central Government
should strengthen supervision and management on the hoisting and use of the
national flag by enterprises with foreign investment and order those
enterprises with foreign investment which violate the relevant rules
on the hoisting and use of the national flag to make a rectification.



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